(1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend, any large-capacity magazine. This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give or lend, any device that is capable of converting an ammunition feeding device into a large-capacity magazine. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law establishes a program of postrelease community supervision for certain persons who are released from prison or whose sentence has been deemed served after serving a prison term for a felony. Existing law requires that these persons enter into a postrelease community supervision agreement as a condition of their release, and that the agreement include certain conditions, including a requirement that the person shall not possess, use, or have access to specified weapons, including, among other things, a large-capacity magazine. This bill would also condition release on postrelease community supervision on the requirement that the person shall not possess, use, or have access to any device that is capable of converting an ammunition feeding device into a large-capacity magazine. (3) Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment. This bill would require a handgun ammunition vendor who sells, supplies, delivers, or gives possession of more than 1000 rounds of ammunition to an individual in any 5 consecutive day period to report the transaction to the local law enforcement agency where that individual resides within 24 hours, with exceptions as provided. The bill would make a failure to comply with this provision a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) The existing Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund "911" emergency telephone system costs. Before July 1, 2013, amounts are determined annually by the California Technology Agency, and on and after that date, by the Department of Technology, and upon collection are paid to the State Board of Equalization on a monthly basis by the telephone service supplier and are deposited into the State Treasury to the credit of the State Emergency Telephone Number Account in the General Fund, to be expended for limited purposes, including to pay the Department of General Services for its costs in administration of the "911" emergency telephone number system. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including telephone corporations, and is authorized to fix just and reasonable rates and charges for services provided by those public utilities. Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the PUC to annually determine a fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the PUC, except for a railroad corporation. The PUC is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized PUC budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding. Existing law establishes the state's telecommunications universal service programs and authorizes the PUC to impose charges for the purpose of funding those programs. Pursuant to this authority, the PUC has established 6 end-user surcharges to fund 6 universal service programs. This bill would enact the Prepaid Mobile Telephony Services Surcharge and Collection Act. The bill would establish a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined. The prepaid MTS surcharge would include the emergency telephone users surcharge, as defined, and PUC surcharges, as defined. The bill would require a seller, as defined, to collect the prepaid MTS surcharge, as provided, from a prepaid consumer, as defined, and remit the amounts collected to the State Board of Equalization pursuant to the Fee Collection Procedures Law. The bill would require the board, after deducting its administrative expenses, to deposit the amounts collected in the Prepaid Mobile Telephony Services Surcharge Fund, which the bill would establish in the State Treasury, as provided. The bill would require the PUC to annually compute the PUC's reimbursement fee and 6 universal service program fees, to post notice of those fees on its Internet Web site, and to notify the State Board of Equalization of the amounts, which would be adjusted, as specified, and which together would be the PUC surcharges. The bill would require the California Technology Agency to annually compute, as specified, the intrastate portion of the 911 surcharge to be collected on prepaid mobile telephony services to post notice of those charges and to notify the State Board of Equalization of the amount, which would be the emergency telephone users surcharge. Existing law defines mobile telephony services for purposes of the Public Utilities Code. This bill would revise that definition and incorporate that definition for purposes of the Prepaid Mobile Telephony Services Surcharge and Collection Act. (2) Existing law establishes requirements for consumer disclosure and service that are applicable to the advertising and sale of prepaid calling cards, as defined, and prepaid calling services, as defined, including the disclosure of ancillary services, as defined. This bill would except the prepaid MTS surcharge from the definition of ancillary services if the surcharge is disclosed, collected, and remitted pursuant to the Prepaid Mobile Telephony Services Surcharge and Collection Act. (3) The Fee Collection Procedures Law makes a violation of any provision of the law, or of certain requirements imposed by the board pursuant to the law, a crime. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would state that changes made by this bill to amend and add specified code sections are not intended to supersede changes made by Section 310 of the Governor's Reorganization Plan No. 2 of 2012, which took effect on July 3, 2012, and will become fully operative on July 1, 2013. (5) Provisions of this bill would become inoperative on January 1, 2017, and the Prepaid Mobile Telephony Services and Collection Act would be repealed on that date. The bill would further state the intent of the Legislature to develop and implement means to collect local utility user taxes and local communications related-charges on the purchase of prepaid mobile telephony services with the intent that the state MTS surcharge and those local charges would be in a uniform manner consistent with this bill collection procedures by that date. (6) This bill would declare that it is to take effect immediately as an urgency statute.
The Personal Income Tax Law does not conform to the federal Internal Revenue Code with regard to the taxation of specified trusts. Existing law exempts any charitable remainder annuity trust or charitable remainder unitrust from specified taxes unless that trust has unrelated business taxable income, in which case that trust shall be taxed, as provided. This bill would, for taxable years beginning on or after January 1, 2011, provide that a charitable remainder annuity trust and a charitable remainder unitrust shall retain tax exempt status under the federal Internal Revenue Code and would otherwise restate and clarify the existing basis for tax liability on the part of those trusts by reason of unrelated business taxable income. This bill would take effect immediately as a tax levy.
The Superior Court Law Enforcement Act of 2002 authorizes the presiding judge of each superior court to contract with a sheriff or marshal for the necessary level of law enforcement services in the courts. Existing law requires the sheriff or marshal and presiding judge of any county to develop a court security plan to be utilized by the court, as specified, and requires the Judicial Council to establish a process for its review of court security plans in the California Rules of Court. Existing law requires the superior court and the sheriff or marshal to enter into a memorandum of understanding specifying the agreed upon level of court security services and their cost and terms of payment, and requires the sheriff or marshal to provide specified information to the courts by April 30 of each year, with actual court security allocations subject to the approval of the Judicial Council and the funding provided by the Legislature. This bill would state that the court security services provided by the sheriff, as agreed upon by the superior court and the sheriff, may include, but shall not be limited to, among other things, performing bailiff functions, escorting prisoners to and from holding cells, and providing security in areas adjacent to a courthouse facility, as specified.
The Personal Income Tax Law and the Corporation Tax Law allow individual and corporate taxpayers to utilize net operating losses and carryovers and carrybacks of those losses for purposes of offsetting their individual and corporate tax liabilities. Existing law allows net operating losses attributable to taxable years beginning on or after January 1, 2013, to be carrybacks to each of the preceding 2 taxable years, as provided. This bill would disallow the use of net operating loss carrybacks by individual and corporate taxpayers. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law authorizes services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law prohibits an applicant from providing supportive services for 10 years following a conviction for, or incarceration following a conviction for, specified felony offenses. Existing law provides an exception to this criminal exclusion under certain circumstances. Existing law requires the State Department of Social Services, upon receipt of an exception request, to request a copy of the applicant's criminal offender record information search response from the applicable county welfare department. This bill would instead require the department to request a copy of the applicant's criminal offender record information search response from the applicable county welfare department or public authority. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorized the City of Santa Clara and the Redevelopment Agency of the City of Santa Clara to enter into a joint powers agreement to create and operate a joint powers agency, the Santa Clara Stadium Authority, for the construction, operation, and maintenance of a stadium and related facilities that are suitable for use by a professional football team. Existing law dissolved redevelopment agencies, as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires the successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations, as defined. Existing law requires the Controller to review the activities of successor agencies to determine if an asset transfer that was not made pursuant to an enforceable obligation occurred after January 31, 2012, between the successor agency and the city, county, or city and county, as defined, that created the redevelopment agency. If such a transfer occurred, the Controller is required to order the return of available assets to the successor agency. This bill would exclude the Santa Clara Stadium Authority from the definition of "city, county, or city and county" for these purposes. The bill would further provide that agreements entered into prior to June 27, 2011, between a former redevelopment agency and the Santa Clara Stadium Authority to contribute funding to the development of a stadium constitute enforceable obligations that shall not be subject to termination. The bill would make findings regarding the need for special legislation.
(1) Existing law authorizes a county superintendent of schools, with the approval of the county board of education, to temporarily transfer moneys to a school district under specified circumstances. The Charter Schools Act of 1992 authorizes any one or more persons to submit a petition to the governing board of a school district to establish a charter school that operates independently from the existing school district structure as a method of accomplishing specified goals. This bill, until July 1, 2017, would authorize a county board of education, subject to the concurrence of the county superintendent of schools, to loan moneys from the proceeds of revenue anticipation notes to a charter school for which the county board of education or the county superintendent of schools has a supervisory responsibility or, regardless of whether the charter school is within or outside of the county, with which a county board of education or county superintendent of schools has a contractual relationship. The bill would require the county superintendent of schools, before the county board of education makes the loan, to take specified actions regarding the advisability of the loan. The bill would provide that any loan of moneys pursuant to these provisions would not constitute a debt or liability for the county superintendent of schools, the county board of education, or the State of California. The bill would prohibit a charter school from receiving more than one of these loans per fiscal year. The bill would require the county board of education, as a condition of making a loan to a charter school, to report to the State Department of Education by September 15 of each prior year specified information on loans made to charter schools within the fiscal year and would require the department to compile that information into one report to be submitted by December 1 of each year to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Legislative Analyst's Office. (2) Existing law states that existing law governing charter schools does not prohibit a private person or organization from providing funding or other assistance to the establishment or operation of a charter school. This bill, until July 1, 2017, would authorize a charter school to contract with a county superintendent of schools or a county board of education for purposes of borrowing moneys, as described above. The bill would require the borrowed moneys to be expended by a charter school solely for purposes of meeting the cash management needs of the charter school due to the deferral of apportionment payments and not for purposes of making capital acquisitions. (3) This bill also would make nonsubstantive changes to these provisions.
Existing law authorizes any public corporation, as defined, and specified private corporations to apply for the privilege of establishing, operating, and maintaining a foreign-trade zone in accordance with specified provisions of federal law, and authorizes any public or private corporation whose application is granted pursuant to those provisions of federal law to establish, operate, and maintain the foreign trade zone, subject to specified conditions and restrictions. This bill would require these provisions of existing law to be known, and would authorize them to be cited as, the California Foreign Trade Zone Act. Existing law establishes in state government the Governor's Office of Business and Economic Development. The office is under the direct control of the Director of the Governor's Office of Business and Economic Development. This bill would establish the California Foreign Investment Program, require the Governor's Office of Business and Economic Development to serve as the lead state entity under specified provisions of the federal Immigration and Nationality Act, and require the Director of the Governor's Office of Business and Economic Development to set the terms and conditions for issuing a state designation letter within the structure and scope of those provisions of federal law. This bill would also establish the California Export Promotion and Gap Financing Program, and authorize the director to apply for and receive federal funding for the implementation of a state and federal export financing program. The bill would require the director, upon receipt of moneys pursuant to that application, to implement a program that meets specified conditions. The bill would require the director to report on the program, as specified, and to annually post on the office's Internet Web site a summary of the programs, annual activities, and key achievements, and a summary of the information related to the requirements of the program. The bill would authorize the director to adopt regulations to implement the program, as specified. Existing law requires the Secretary of Business, Transportation and Housing to prepare a study on the potential role of the state in global markets. Existing law requires the secretary to utilize that study to develop a strategy for international trade and investment. Existing law requires the secretary to develop a statewide business partnership for international trade and investment. Existing law states that California's international trade and investment policy is directed through its state strategy. This bill would instead require that the Governor's Office of Business and Economic Development serve as the state agency primarily responsible for international trade and investment activities in the state, and, in that capacity, authorizes that agency to carry out the powers and duties described above. This bill would require California's trade and investment policy to be implemented pursuant to a strategy developed by the director. This bill would require the director to consult with local and regional governmental entities and associations. The bill would authorize the director, as a part of the consultation process, to create an advisory board comprised of representatives from certain entities to provide the director with advice on the content of the study, and on the strategy that the director is developing. The bill would require the director as a part of the consultation to discuss certain issues related to trade and investment. The bill would provide that this consultation may be conducted within the existing business partnership framework or separately, or both. Existing law creates within the Business, Transportation and Housing Agency, the Economic Development and Trade Promotion Account. This bill would transfer this account to the Governor's Office of Business and Economic Development for the same purposes. The bill would create a new subaccount within the account for purposes of funding the California Export Promotion and Gap Financing Program, subject to appropriation by the Legislature.
Read. Adopted. (Ayes 50. Noes 24. Page 5602.).
The Planning and Zoning Law requires specified regional transportation planning agencies to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, and requires the regional transportation plan to include, among other things, a sustainable communities strategy, for the purpose of using local planning to reduce greenhouse gas emissions. This bill, commencing on January 1, 2014, would prohibit a city or county from requiring a minimum number of off-street parking spaces in transit-intensive areas, as defined, greater than 2 parking spaces per 1,000 square feet in nonresidential projects of 20,000 square feet or less on a single property, one parking space per unit in non-income-restricted residential projects, and specified portions, as applicable, of a parking space per unit for certain affordable housing projects, except as specified. The bill would also make a statement of legislative findings regarding the application of its provisions to charter cities.
This measure would urge the federal government's process of identifying alternatives to flame retardants to include, among other things, the design of products that do not require the use of flame retardants. The measure would urge the United States Congress to enact the Safe Chemicals Act to restrict flame retardants that pose health risks. This measure would urge the United States Environmental Protection Agency to, among other things, establish health and safety standards for flame retardant chemicals. The measure would also urge the United States Consumer Products Safety Commission to adopt specified smolder prevention rules that provide improved fire safety without toxicity in furniture, as specified.
